Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioners be released on bail subject to a bond of Rs 10,000 and two sureties each.
Summary
The petitioners, Vikash Kumar, Sudhir Kumar Singh and Jitendra Kumar, were charged under Sections 30(a), 32 and 36 of the Bihar Prohibition and Excise Act for the alleged seizure of 244.40 litres of illicit foreign liquor from a car. They contended that the liquor was recovered from a different vehicle, that they were merely employed as liners, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 9 March 2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court granted bail to each petitioner on a bond of Rs 10,000 with two sureties of the same amount, directing compliance with the Exclusive Special Judge (Excise‑I), Kishanganj.
Issues considered
- Whether the petitioners are entitled to bail despite the alleged involvement in the seizure of illicit liquor under the Bihar Prohibition and Excise Act.
- Whether the police complied with Section 105 of the BNSS in effecting the seizure, affecting the validity of the charges.
- Whether the petitioners' lack of criminal antecedent and custodial status justify the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 105
- police seizure
- special case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23077 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- BAHADURGANJ District- Kishanganj
======================================================
1. Vikash Kumar son of Brahamdev Singh @ Bhramdev Singh Resident of
Village- Sripur PS -Naugachia District -Bhagalpur
2. Sudhir Kumar Singh son of Bindeshwar Singh @ Bindeshwari Singh
Resident of Village- Sripur PS -Naugachia District -Bhagalpur
3. Jitendra Kumar son of Patho Thakur Resident of Village- Sripur PS
-Naugachia District -Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivanand Singh, Advocate
Mr. Andiib Imrose, Advocate
Ms. Amisha Prakash, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Special Case No.90 of 2026 arising out of Bahadurganj P.S.
Case No.144 of 2026 registered for the offence punishable under
Sections 30(a), 32 & 36 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
car altogether 244.40 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from the
possession of these petitioners. Learned counsel for the petitioners
has further submitted that the recovery has been made from other
Patna High Court CR. MISC. No.23077 of 2026(2) dt.08-04-2026
2/2
car. It has further been submitted that the petitioners have been
framed in this case only on the ground that they were working as
liner. Learned counsel for the petitioners has further submitted that
the witnesses of the seizure list are police personnel and police
have not complied Section 105 of the BNSS while making seizure.
It has further been submitted that the petitioners are having no
criminal antecedent and they are in judicial custody since
09.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court of
learned Exclusive Special Judge (Excise-I), Kishanganj in
connection with Special Case No.90 of 2026 arising out of
Bahadurganj P.S. Case No.144 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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